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Who Gets To Set The Sentence Or Fix The Punishment Against A Defendant Once He Or She Is Found Guilty?

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Who Gets To Set The Sentence Or Fix The Punishment Against A Defendant Once He Or She Is Found Guilty?

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In Virginia, only the judge may set the punishment against a defendant that has been convicted of a crime. The Commonwealth’s Attorney and the Defense Attorney argue before the judge for what each believes to be the appropriate sentence, but the final say rests with the judge entirely. The Commonwealth’s Attorney does not have the right to appeal the sentence imposed by the judge.

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